Robinson v. Lair
Supreme Court of Iowa
Appeal from Keokuk Cvremt Court. Action upon a promissory note executed by defendant to Warder, Mitchell & Oo., and bearing the following indorsement: “For value received we hereby guarantee payment of the within note, and waive demand and notice of nonpayment thereof.
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Appeal from Keokuk Cvremt Court. Action upon a promissory note executed by defendant to Warder, Mitchell & Oo., and bearing the following indorsement: “For value received we hereby guarantee payment of the within note, and waive demand and notice of nonpayment thereof. Warder, Mitchell & Co.” The answer -admits the signing of the note; avers that it was never stamped by defendant; denies, under oath, the indorsement ; alleges that the note was given for a reaper and mower sold by payee to defendant, which was of no value, and that plaintiff took said note without value, after due, by delivery…
1Opinion of the Court
Day, Oh. J.
i promissory stamps: canceiiation. — I. The first question urged is as to the stamp. The note, when received by plaintiff, bore a stamp of ü>e proper amount, canceled with a cross, We do not regard the mode of cancellation essential to the validity of the note. 3 Pars, on Cont. (5th ed.) 290.
2__post_ stamping, Bearing a stamp of the proper amount, at -the time it was received by the plaintiff, the presumption is, that it was affixed at the proper time, and by the proper party. Iowa & Minnesota Railway Co. v. Perkins, 28 Iowa, 281. And, the plaintiff being, as will hereafter appear,…
2Cases cited2 opinions
- Blackwell v. DenieSupreme Court of Iowa · 1867
- Iowa & Minnesota R. R. v. PerkinsSupreme Court of Iowa · 1869
3Cited by20 opinions
- Heard v. Dubuque County BankNebraska Supreme Court · 1878
- Kellogg v. Douglas County BankSupreme Court of Kansas · 1897
- Hendrix v. Bauhard Bros.Supreme Court of Georgia · 1912
- Pattillo v. AlexanderSupreme Court of Georgia · 1895
- Dunham v. PetersonNorth Dakota Supreme Court · 1896
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